Jacksonville Kidnapping and False Imprisonment Attorney

Both false imprisonment and kidnapping are very serious charges. Both crimes are felonies and can carry significant prison sentences. If you’ve been charged with kidnapping or false imprisonment, it’s important to speak with a kidnapping defense attorney right away.

Attorney Matthew Lufrano has extensive experience defending people who have been charged with serious felonies in Florida, and he knows how crucial it is for you to get reliable advice as soon as possible. That’s why he offers free consultations to people charged with crimes in and around Jacksonville. You can schedule yours right now by calling (904) 513-3905.

What are Kidnapping and False Imprisonment?

The underlying act is the same for both kidnapping and false imprisonment: abducting, confining or restraining another person against their will and without lawful authority. Kidnapping has an additional intent element, described below.

Types of Kidnapping and False Imprisonment Charges

There are two different types of false imprisonment and two types of kidnapping, each carrying different possible penalties. They are:

False Imprisonment: False imprisonment is a felony of the third degree, and requires only that the perpetrator forcibly, by threat, or secretly confine, abduct, imprison or restrain another person against their will or without legal authority. A child under the age of 13 is considered to have been held against their will if the confinement takes place without the consent of a parent or legal guardian, even if the child themself consents.

Aggravated False Imprisonment: Aggravated false imprisonment is a felony of the first degree. A person commits aggravated false imprisonment when they commit the crime of false imprisonment and:

• The victim is under the age of 13, and
• In the course of the crime, the perpetrator commits any of the following:
• Aggravated child abuse
• Sexual battery
• Lewd or lascivious battery, molestation, conduct or exhibition
• A violation of certain statutes relating to prostitution or human trafficking
• Exploitation of the child or allowing the child to be exploited

Kidnapping: Kidnapping is a felony of the first degree. The crime is the same as false imprisonment, except that the crime must be committed with the intent to:

• Hold the person abducted or confined for ransom or reward,
• Use the person abducted or confined as a shield or as a hostage,
• Inflict bodily harm on the person abducted or confined or on another person,
• Terrorize the victim or another person,
• Commit or facilitate the commission of a felony, or
• Interfere with the performance of ay governmental or political function

Aggravated Kidnapping: Aggravated kidnapping is a life felony. Aggravated kidnapping occurs when, in the course of a kidnapping, the perpetrator commits one of the offenses listed above in connection with aggravated false imprisonment.

Possible Penalties for Kidnapping and False Imprisonment

As a felony of the third degree, false imprisonment carries a possible penalty of up to five years in prison and a fine of up to $5,000.

Both kidnapping and aggravated false imprisonment are felonies of the first degree, each carrying a possible sentence of up to life in prison. The court may also impose a fine of up to $10,000.

As a life felony, aggravated kidnapping carries a possible sentence of life in prison and a fine of up to $15,000.

Florida law also provides for enhanced penalties for kidnapping if the victim is a law enforcement officer, judge or justice, state’s attorney or assistant state’s attorney, other attorney involved in criminal proceedings or correctional officer if the kidnapping arises out of the performance of their official duties.

How a False Imprisonment Lawyer / Kidnapping Defense Lawyer Can Help

When you’ve been charged with false imprisonment or kidnapping, you should contact a kidnapping defense lawyer immediately. Getting an experienced defense attorney involved right away can help you avoid common mistakes that can hurt your case and ultimately make it harder for your defense attorney to fight the charges against you.

Your kidnapping defense attorney can:

• Provide complete and accurate information about your options and the possible consequences of a conviction–you cannot rely on what police or prosecutors tell you
• Investigate your case and develop possible defenses
• Use their legal knowledge and the information their investigation uncovers as leverage when negotiating with the prosecution
• Explain and pursue the best defense strategy for you and your circumstances
• Manage court dates, technical requirements, court filings and other procedural element of your case
• Prepare your case for trial and, if it’s in your best interest, argue your case to a Jacksonville jury

Possible Defenses to Kidnapping and False Imprisonment Charges

Every case is different, and the best source of information about possible defenses in your case will be your false imprisonment attorney or kidnapping defense lawyer.

Some common strategies include:

• Arguing lack of intent
• Offering evidence that the alleged victim wasn’t being held against their will
• Asserting legal authority for the detention
• Identifying weaknesses in the prosecution’s case to create reasonable doubt

Your defense attorney may also fight the charges by filing pre-trial motions asserting violations of your rights, such as an unlawful search. If those motions are successful, it may mean the prosecution isn’t allowed to tell the jury about certain evidence. Often, suppression of evidence weakens the case significantly enough that the prosecution will offer a plea to a reduced charge, or even dismiss the charges. If the case proceeds to trial, the prosecutor may be unable to prove their case without the suppressed evidence.

Contact a Florida Kidnapping Defense Attorney Right Away

Attorney Matthew Lufrano has dedicated his career to advocating for people charged with crimes in Florida. He has deep knowledge of the substantive and procedural laws that apply in a kidnapping or false imprisonment case, and has extensive experience arguing before Florida juries in criminal cases. He also knows how dangerous it can be for someone charged with or suspected of a crime to talk to police or prosecutors without representation.

To learn more about how he can put his experience to work for you, schedule a free consultation by calling (904) 513-3905 or by contacting us online.